715037-1865-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO-4-OF-1865- — Page 6

290

If the Magistrate

he shall make out a

fect.

THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.

(together with Costs) the Sum of One hundred Dollars, which Fine shall be paid to Her Majesty for the Use of the Colony, and in Default of Payinent to be imprisoned in the Common Gaol, with or without Hard Labour, for any Period not exceeding Six Months, unless such Fine and Costs be sooner paid, and, if the Magistrate shall so think fit, in any of the said Cases, shall be bound to keep the Peace and be of good Behaviour for any Period not exceeding Six Months from the Expiration of such Sentence.

38. If the Magistrate, upon the Hearing of any Case of Assault or Battery upon dismiss the Complaint the Merits, where the Complaint was preferred by or on the Behalf of the Party aggrieved, Certificate to that Ef- and shall deem the Offence not to be proved, or shall find the Assault or Battery to have been justified, or so trifling as not to merit any Punishment, and shall accordingly dismiss the Complaint, he shall forthwith make out a Certificate under his Hand stating the Fact of such Dismissal, and shall deliver such Certificate to the Party against whom the Complaint was preferred.

Certificate or Con-

to any other Procced-

ing.

39. If any Person, against whom any such Complaint as shall have been preferred viction shall be a Bar by or on the Behalf of the Party aggrieved, shall have obtained such Certificate, or, having been convicted, shall have paid the whole Amount adjudged to be paid, or shall have suffered the Imprisonment or Imprisonment with Hard Labour awarded, in every such Case he shall be released from all further of other Proceedings, Civil or Criminal, for the same Cause.

Cases.

These Provisions

40. Provided, that in case the Magistrate shall find the Assault or Battery complained not to apply to certain of to have been accompanied by any Attempt to commit Felony, or shall be of Opinion that the same is, from any other Circumstance, a fit Subject for a Prosecution by Information, he shall abstain from any Adjudication thereupon, and shall deal with the Case in all respects in the same Manner as if he had no Authority finally to hear and determine the same: Provided also, that nothing herein contained shall authorise any Magistrate to hear and determine any Case of Assault or Battery in which any Question shall arise as to the Title to any Lands, Tenements or Hereditanients or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.

Assault occasioning Bodily Harm.

Common Assault.

Rape.

Procuring the De-

Age.

41. Whosoever shall be convicted upon an Information of any Assault occasioning actual bodily Harm shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and whosoever shall be convicted upon an Information for a Common Assault shall be liable, at the Discretion of the Court, or of a Police Magistrate, to be imprisoned for any Term not exceeding One Year, with or without Hard Labour.

Rape, Abduction, and Defilement of Women.

42. Whosoever shall be convicted of the Crime of Rape shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Terin not less than Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.

43. Whosoever shall, by false Pretences, false Representations or other fraudulent filement of Girl under Means, procure any Woman or Girl under the age of Twenty-one Years to have illicit or carnal Connexion with any Man, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Terra not exceeding Two Years, with or without Hard Labour.

Carnally knowing a

of Age.

Term

44. Whosoever shall unlawfully and carnally know and abuse any Girl under the Girl under Ten Years Age of Ten Years shall be guilty of Felony, and, being convicted thereof, shall be liable,

at the Discretion of the Court, to be kept in Penal Servitude for Life or for not less than Three Years,-or to be imprisoned for any Term not exceeding Two Year with or without Hard Labour.

Carnally knowing a

of Ten and Twelve.

any

45. Whosoever shall unlawfully and carnally know and abuse any Girl being above Girl between the Ages the Age of Ten Years and under the Age of Twelve Years shall be guilty of a Misdemeanor. and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years,--or to be imprisoned for any Term us exceeding Two Years, with or without Hard Labour.

Attempts to commit the last two Offences.

ori

46. Whosoever shall be convicted of any indecent Assault upon any Female, any Attempt to have carnal Knowledge of any Girl under Twelve Years of Age, shal be liable, at the Discretion of the Court, to be imprisoned for any Tern not exceedin Two Years, with or without Hard Labour.